• Features

    Federal Circuit Holds That PTAB’s Determination on Whether the One Year Time-Bar Is Triggered in Inter Partes Review Is Reviewable on Appeal

    Jon E. Wright and Pauline M. Pelletier

    On Jan. 8, 2018, the Federal Circuit issued its significant en banc decision in Wi-Fi One, LLC v. Broadcom. In that decision, the Federal Circuit held that the time-bar of 35 U.S.C. §315(b) is reviewable on appeal, thus overturning a prior panel decision and opening the door for parties to challenge how the USPTO has interpreted and applied that statutory provision.

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  • Features

    Federal Circuit Holds Scandalous or Immoral Marks Entitled to Registration

    Stacey C. Kalamaras

    Refusal Is an Unconstitutional Violation of Free Speech

    On Dec. 15, 2017, a unanimous Court of Appeals for the Federal Circuit held that despite Appellant’s mark comprising “immoral or scandalous” matter, the PTO could no longer refuse federal registration of such marks on the grounds that this refusal violated the free speech clause of the First Amendment of the U.S. Constitution.

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  • Features

    The Sixth Circuit Creates a New Standard for Unmasking an Anonymous Copyright Infringer Post-Judgment

    Richard Raysman and Elliot A. Magruder

    On Nov. 28, 2017, the Court of Appeals for the Sixth Circuit issued its opinion in Signature Mgmt. Team, LLC v. Doe. The case involved a John Doe defendant’s effort to remain anonymous even after having been adjudicated liable for copyright infringement of plaintiff’s business training manual.

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  • Columns & Departments

    IP News

    Howard Shire and Michael Block

    Judges Newman and Reyna Argue that Litigation Misconduct does not Demonstrate Intent to Deceive the PTO
    Federal Circuit Affirms Board’s Decisions in IPRs Finding a Video Conferencing Patent Not Anticipated or Obvious
    Federal Circuit Affirms No Intent to Deceive for Inequitable Conduct Claim Where Inventors Should Have Documented Findings to the USPTO

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